Indira Priyadarshini vs Santhanalakshmi @ Saraswathi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3598

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice J.Nisha Banu, Mr. Justice R.Sakthivel, JJ
Indira Priyadarshini – Appellant
Versus
Santhanalakshmi @ Saraswathi – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms.V.N.Shanthi
For the Respondent: Mr.N.Manikandan & Mr.M.Elumalai, Ms.P.T.Ramadevi

JUDGMENT :

R. SAKTHIVEL, J.

Challenging the Judgment and Decree dated February 20, 2018 made in O.S.No.86 of 2005 on the file of the 'VII Additional Family Court at Chennai' ['Family Court' for brevity], the appellant / 1^st defendant therein has preferred this Civil Miscellaneous Appeal.

2. For the sake of convenience, henceforth, the parties will be referred to as per their array in the Original Suit.

PLAINTIFF'S CASE

3. The plaintiff married one Sundaramoorthy on March 11, 1987, as per Hindu Rites and Customs. Through their wedlock, a female child, namely Gayathri was born. Her husband - Sundaramoorthy, worked as a Clerk in the second defendant's office. While so, the first defendant claimed that subsequent to the plaintiff's marriage, she married Sundaramoorthy. According to the plaintiff, her marriage is the first in point of time and her daughter is the legitimate legal heir of her husband, who passed away on December 18, 2004. Hence, she has every right after his death in terminal benefits. The alleged marriage between the plaintiff's husband and the first defendant is void ab initio and non-est in the eyes of the law. The plaintiff denied the marriage between the first defendant